Bebinger v. Sweet
New York Supreme Court
Appeal from a judgment upon a verdict of a jury-in favor of plaintiff, and from an order denying a iuotion for a new trial on minutes.
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Appeal from a judgment upon a verdict of a jury-in favor of plaintiff, and from an order denying a iuotion for a new trial on minutes. George Bebinger sued Benjamin A. Sweet, and alleged by his complaint, that he was led into the execution of a hard contract, for the occupation and working of defendant’s farm, pledging certain personal property for the full performance of his agreement; that in pursuance of said contract, he entered upon said farm, and expended his money in the cultivation of the farm, and in putting in crops thereon ; that on or about July 3, thereafter, and after such crops…
1Opinion of the Court
By the Court.*—Boardman, J.
An objection strenuously insisted upon by the defendant is, that several causes of action are improperly joined. It is sufficient to answer that the objection should have been taken by demurrer {Code, § 144, subd. 5; § 148). Inasmuch as it was not so taken, it was waived.
The cause of action is one and entire ; it is not an action for malicious prosecution, nor for breach of contract, nor for recovery of damages for the conversion of personal property. It sets forth these facts, as elements of damage, and also as evidence of the fraudulent plan and design of…
2Cited by4 opinions
- Rich v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882
- Hazard v. HardingNew York Supreme Court · 1882
- Buffalo Lubricating Oil Co. v. EverestNew York Supreme Court · 1883
- Smith v. SmithNew York Supreme Court · 1882